A DOT drug testing policy and a Utah workplace drug testing policy are two different documents, and plenty of Utah employers need both.
The DOT policy is a federal requirement for anyone who employs CDL drivers. Its contents are spelled out in 49 CFR 382.601. The Utah policy is what gives a private employer legal protection under the Utah Drug and Alcohol Testing Act, and its core requirement sits in Utah Code 34-38-7.
Below is what each one has to cover, with the rule behind every line. This is not a template to copy. It is the checklist your template has to pass.
This page explains the rules in plain language. It is not legal advice. Have your employment counsel review your policy before you roll it out.
For private employers, Utah's rule is one sentence. Testing "shall be carried out within the terms of a written policy which has been distributed to employees and is available for review by prospective employees" (34-38-7(1)).
Three requirements are packed in there:
Note the search phrase "state of Utah drug testing policy" also pulls up the policies that apply to state government employees. Those are separate. The Act's definition of employer excludes the state and local political subdivisions (34-38-2(4)(b)), and local governments have their own chapter, Title 34, Chapter 41.
The Act does not hand you a list of headings, but its sections tell you what a policy has to address for the employer's protection to hold.
Why you test. Section 34-38-7(2) lists four purposes: investigating possible impairment; investigating accidents or workplace theft; safety of employees or the public; and productivity, quality, or security of property or information. Name the ones that apply.
When you test. Pre-employment, post-accident, reasonable suspicion, random, return to work. The Act allows testing that is not tied to signs of impairment (34-38-7(3)), so if you plan to run random testing, say so in writing. More in random testing at work in Utah.
Who is covered. Positions, and management. Under 34-38-3(1), when an employer tests, management must "submit to the testing themselves on a periodic basis."
What sample you use. The employer may designate urine, blood, breath, saliva or hair (34-38-4 and 34-38-2(9)).
What you test for. For non-DOT testing, the panel is your choice. Our non-DOT service page lists the 5-panel and 10-panel options we collect for.
Timing and pay. Current employees are tested during or right after the regular work period, and that time is paid work time (34-38-5(1)). The employer pays all testing costs, including travel if the test is off site (34-38-5(2)).
How collection works. Privacy, sanitary conditions, documented chain of custody, and a chance for the employee to list medications or medical information (34-38-6(2) to (5)).
Confirmation. A positive screen is not a failed test until it is confirmed by gas chromatography, GC-mass spectroscopy or a comparably reliable method, and for urine by an HHS program laboratory (34-38-6(6)(b)).
Medical review. Not strictly required, but 34-38-10(3) creates a presumption that you followed the collection and testing rules when a licensed physician trained in interpreting results reviews failed tests. That is a Medical Review Officer.
Consequences. Treatment, suspension, termination, refusal to hire, or other discipline (34-38-8(2)). Say which ones apply, and that a refusal to test is treated the same way (34-38-8(1)(b)).
Confidentiality. Results and related records are confidential and belong to the employer (34-38-13). Say who sees them.
If you employ CDL drivers, 49 CFR 382.601 requires educational materials that explain Part 382 and your own policies. They go to every driver before testing starts and to every new or transferred driver.
The required content (382.601(b)) includes:
Two more rules:
For the Clearinghouse side, see the FMCSA Clearinghouse guide.
If you run both, the documents and the tests stay separate.
49 CFR 40.13 says DOT tests "must be completely separate from non-DOT tests in all respects." A DOT test is done first, a non-DOT test needs a separate specimen, and the federal custody form must never be used for non-DOT testing, even with the DOT references crossed out.
And one trap that is easy to write into a policy by accident: in the DOT process, an employer must not require an employee to sign a consent, release, waiver of liability or indemnification agreement for any part of the testing (40.27).
If you test at random, the policy says so, and it says how.
For CDL drivers, the rules come from 49 CFR 382.305: a scientifically valid selection method, an equal chance for every driver each time, unannounced tests, dates spread through the year, and drivers proceeding to the test immediately when notified. Many small carriers use a consortium for this. See our DOT random testing consortium.
For non-DOT staff, the Utah Act does not set a rate or a method. Your policy does.
To get the Act's protection, yes. Section 34-38-7(1) requires testing to be carried out under a written policy distributed to employees and available to applicants.
You can publish one handbook, but the DOT section must meet 382.601, any company-only rules must be labeled as such (382.601(c)), and the tests themselves must stay separate (40.13).
No. Random testing is optional for non-DOT staff. If you want it, put it in writing first.
Once the policy is written, BBB Mobile DOT Drug Testing handles the collections on site for both programs: pre-employment DOT testing for CDL hires and non-DOT testing for everyone else, from Park City to the Salt Lake metro. Back to the full overview: Utah drug testing laws for employers. Price a visit with the estimator or call (435) 395-1459.
BBB Mobile comes to your job site. DOT-compliant collection, SAMHSA-approved lab, MRO-reviewed results. Serving Park City, Heber City, Salt Lake City, and all of Utah.
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